Legal Question in Wills and Trusts in New York

Hello,

I have a question about joint tenancy in New York. My father owns his house free and clear. He would like to leave it to me when he passes. My father is married but the house is in his name alone. He and his wife live seperate lives but they are still legally married. There are no plans to divorce.

We were thinking about changing title from his name to a joint tenancy with his name and mine on the deed. This way when he passes the house would be mine alone.

Now for the question...When he passes away can his wife challenge me for his 50% ownership arguing that she should inherit that share?

Thank you,

Kevin


Asked on 10/11/10, 7:38 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Anyone can sue anybody else for almost any reason.

A better choice would be to set up a revocable trust, put the house in the trust, and have it pass to you at his death.

Alternatively, he could deed the house to you, reserving use of it during his lifetime (life estate) He would be well advised seeking the services of a competent attorney specializing in this area of the law.

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Answered on 10/16/10, 12:49 pm


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